Transfer-pricing treatment of ITeS margins excludes pass-through tax recoveries and separate delayed-receivables interest after working-capital adjust...
Capacity-utilisation adjustments under TNMM can neutralise substantiated COVID-related idle costs where underutilisation materially affects profitabil...
TNMM functional comparability requires excluding rice manufacturers from a pure Basmati rice trader's benchmark and recognising operating export recei...
Working-capital adjustment subsumes delayed-receivable effects in TNMM benchmarking of captive software-development services, avoiding separate notion...
Transfer-pricing comparability requires exclusion of financially illogical super-profit comparables and correction of unsupported annual-report and ma...
Charitable character assessment preserves Section 80G approval despite inclusive spiritual teachings and incidental religious expenditure within the s...
Penalty proceedings for cash-loan acceptance require assessment proceedings and recorded Assessing Officer satisfaction; absent these, the proceedings...
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ITAT ought to have condoned 53 days' delay in preferring appeal as appellant explained delay occurred due to wrong advice of counsel to reapply for registration u/s 12A, and thereafter realizing mistake after delay in deciding reapplication. Cause shown for delay supported by affidavit uncontroverted by Revenue. Rejection would seriously impact appellant's tax exemption claim u/s 11 & 12 without allegation of mala fide or deliberate delay. Delay bona fide based on counsel's wrong advice. HC set aside ITAT order and condoned 55 days' delay in filing appeal.
ITAT ought to have condoned 53 days' delay in preferring appeal as appellant explained delay occurred due to wrong advice of counsel to reapply for registration u/s 12A, and thereafter realizing mistake after delay in deciding reapplication. Cause shown for delay supported by affidavit uncontroverted by Revenue. Rejection would seriously impact appellant's tax exemption claim u/s 11 & 12 without allegation of mala fide or deliberate delay. Delay bona fide based on counsel's wrong advice. HC set aside ITAT order and condoned 55 days' delay in filing appeal.
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